[Warning] click bait here! – Fear and Worry as “The DWP has been colluding with Sainsbury’s to spy on disabled people”…?

Article: “The DWP has been colluding with Sainsbury’s to spy on disabled people

What does the above article title suggest?

[1] Sainsbury’s is the primary agency of an effort to “to spy on disabled people”?

[1.1] The DWP is colluding with a Sainsbury’s policy “to spy on disabled people”?

When the article is read in full , it concerns the Sainsbury’s Group as an operator of CCTV and it’s policy statement concerning “CCTV use & requests” and sharing CCTV with the police and or DWP “where appropriate”.

If Sainsbury’s is the initiator of this ‘spying’ and it specifically targets “disabled people” [1], nothing in the article explains how Sainsbury’s identifies the person as being disabled or having any connection to the DWP.

As the CCTV monitoring under discussion is generic and not targeted, it means that for any DWP ‘customer’/claimant, the title could have been easily as inaccurate by saying:

The DWP has been colluding with Sainsbury’s to spy on homeless people

The DWP has been colluding with Sainsbury’s to spy on unemployed people

The DWP has been colluding with Sainsbury’s to spy on lone parents

The Police has been colluding with Sainsbury’s to spy on homeless people

The Police has been colluding with Sainsbury’s to spy on unemployed people

The Police has been colluding with Sainsbury’s to spy on lone parents

etc etc

It is the DWP that would contact any CCTV operator to request CCTV footage, this is
usually when an individual is the subject of a specific investigation by the DWP’s
Counter Fraud & Compliance Directorate. The article title:

“The DWP has been colluding with Sainsbury’s to spy on disabled people”

makes it sound like this CCTV monitoring targets disabled people is arbitrary and not subject to legal restraint, regulation and guidance and as such the title and article has been considered “fearmongering” and “click bait fear pawn”.

 

The article says it’s like “1984“, maybe it’s more like a Panopticism agenda for benefit claimants and one that this article knowingly reinforces.

“In panopticism, the watcher ceases to be external to the watched. Rather than external actions, the gaze of the watcher is internalized to such an extent that each prisoner (economic agent/worker) becomes his/her own guard.”
http://guweb2.gonzaga.edu/faculty/mcreynolds/phil463/informationalism/panopticism.html

Title now includes “[click bait here!]” following above tweet.

Waiting for the next article to say:

The DWP colludes with BT to spy on [insert category of benefit claimant] internet use

The DWP colludes with Thames Water to spy [insert category of benefit claimant] drinking of water

The DWP colludes with XX Bank to spy on [insert category of benefit claimant] shop purchases

The DWP colludes with University XX and College XX to spy on [insert category of benefit claimant]

Social Security Fraud Act 2001 – Obtaining and sharing information

  • banks
  • insurers
  • credit reference agencies
  • educational establishments or institutions
  • gas and electricity suppliers
  • telecommunications services
  • water companies

Despite these criticisms, the author does make creative use of twitter and I do appreciate that the stories they post reference all source documents and crucially link to them very explicitly.

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DWP says: “Claimants cannot be mandated to use the Find a Job website specifically”

[All FindAJob updates and resources]

[Edit] DWP Minister: “Use of the Find a job website is not compulsory for claimants of Jobseeker’s Allowance (JSA) or Universal Credit (UC)”

Quick update regarding ‘Find a job’ foi disclosures of 29/5/18 [1] on JSA plus UC and 30/5/18 [2] on UC

Headline quotes: “Claimants cannot be mandated to use the Find a Job website specifically.” and “The recorded information we hold that supports this is contained in” FOI disclosure 2046 of 15/5/18 as discussed in ”‘DWP ‘Find a job’ is mandatory for claimants?
Key words: “specifically” and “use

Tactics: To mitigate against being mandated to use and or create a ‘Find a job’ (FAJ) account, it might be worthwhile to register an account on another jobsite, create a profile and upload a CV thereto. See footnote [3] for ideas on using FAJ and making applications through it without an account.

“Find a job or other jobsites
1. As part of making use of the resources available to them to look for work, we can reasonably expect most claimants to make best use of Find a job or other jobsites.”
Source: DWP ‘05 Work Search Review‘ – accessed 15/5/18 [emphasis added] Cited in ‘‘Find a job’ is mandatory for claimants?‘ – “Posted on

With DWP it is always worth being cautious, even so many claimants will welcome this clarification.

Since the introduction of the Data Protection Act (2018), building on the GDPR the DWP is being forced to make things far more explicit with regards data protection rights and what jobsites it expects benefit claimants to use, as a sanction based condition.

In addition to the word “specifically”, it might be significant to reflect on the word “use”, as this could imply mere “use” of ‘find a job’ (FAJ), as a job search engine cannot be mandated and not just creating an account, a personal profile and uploading a CV to FAJ. However, from a pragmatic point of view many links to vacancies on FAJ, when clicked, go to the employers jobsite and therefore the site can be used and jobs applied for via FAJ without an account.

Although Universal Jobmatch (UJ) is now defunct, Jobcentres often mandated it’s use, the setting up of an account, creation of a profile and uploading a CV. Many challenged these requirements saying that no legislation referred to UJ (true) and therefore could not be mandated. Despite this, thousands of claimants got benefit sanctions related to UJ.

What the DWP’s new FAJ guidance seems to be seeking to do is create parity between all Jobsites. Therefore it seems reasonable to say that when a claimant has registered an account on another jobsite, created a profile and uploaded a CV thereto, the DWP may not mandate use of FAJ, but this needs to be monitored.

ujsanctions

The DWP, for Universal Credit, could rely upon ‘Section 17, Chapter 2, Work-related requirements‘ of the Welfare Reform Act 2012 to mandate claimants to register with a jobsite, create a profile and upload a CV, specifically:

“17 Work search requirement

(1) In this Part a “work search requirement” is a requirement that a claimant take—

(3) Action which may be specified under subsection (1)(b) includes in particular—

(a) carrying out work searches;

(b) making applications;

(c) creating and maintaining an online profile;
http://www.legislation.gov.uk/ukpga/2012/5/section/17/enacted
(Though there is actually no reference to a CV)

See: ‘ADM memo 15/16: UC, Universal Jobmatch (UJ) and sanctions‘ (pdf)

For Jobseekers’ Allowance claimants who declined to register with UJ, create a profile and upload a CV the DWP could be issued a Jobseeker Direction.

Jobseekers Allowance claimants can now be required to look for work using the government’s new Universal Jobmatch website.
“From March 1 Jobcentre advisers can require Jobseekers Allowance claimants to use the site through a Jobseeker Direction. If they refuse to comply, they can be recommended for a benefit sanction. A decision-maker takes the final decision over whether benefit should be removed.”
Source: ‘Press release – Jobseekers required to use Universal Jobmatch‘ 4/3/13

As there can be many variables dealing with FAJ, from a claimant point of view and seeking to mitigate benefit sanctions, you may wish to discuss further via forums such as DWPexamination, MSERespectful Benefits and Welfare Central. Or seek more formal independent advice and guidance.

In terms of benefit sanctions the DWP has not updated it’s Advice for Decision Makers or Guidance to include FAJ.

[1] “Claimants cannot be mandated to use the Find a Job website specifically.
However, under Day One Conditionality in JSA, claimants are asked to
create an account and upload a Curriculum Vitae (CV) in Find a job or
another jobsite when they make a new claim. This requires claimants to
have a suitable email address and to upload a CV to their Find a Job or    another jobsite account. Where a claimant has not done this, their Work
Coach can mandate them to do so.

The recorded information we hold that supports this is contained in the
instructions for work coaches who deal with Jobseeker’s Allowance (JSA) and
Universal Credit (UC) claimants.  These have been provided as part of the
response to Freedom of Information reference 2046 and are available on the
What Do They Know website.

Day One Conditionality for UC claimants works slightly differently. Claimants
are required to have an email address in order to make their claim online.  As
part of their work preparation activities, UC Claimants in the All Work Related
Requirements group are asked to create and upload a CV to their account [2] by
their work coach.

With regard to the Universal Jobmatch Toolkit, it will not be replaced, as once
Universal Jobmatch is obsolete from 18 June 2018, the information in it will no
longer be appropriate.  However, the instructions related to Find a Job are
available to DWP staff in the instructions detailed earlier in this response.”
https://www.whatdotheyknow.com/request/484887/response/1164874/attach/html/3/FoI%202364%20response.pdf.html  -[emphasis added]

[2] “Universal Credit claimants who fall within the all work related requirements group will be initially encouraged to create a profile and public CV on Find a Job or another on-line work search site that is appropriate to them.”
https://www.whatdotheyknow.com/request/483257/response/1165803/attach/html/2/FoI%202281%20Reply.pdf.html – [emphasis added]

[3] FAJ has been designed so it can be used as work search engine, without the need for an account.

fajsearchengine

It is also possible to apply for work on FAJ, like this vacancy:

Plastic Surgeon 17 May 2018 NHS Jobs – North Middlesex, N18 £90,000 – £104,000 per annum

has an FAJ link https://findajob.dwp.gov.uk/details/31175 (ref 31175) that when clicked goes to http://www.jobs.nhs.uk/xi/vacancy/?vac_ref=915061668 – so to apply, no FAJ account is needed, yet FAJ is used and applications can be made through it. (without an account).

And you also can create a search query like “Surgeon” in “London“, then use a browser to bookmark the query link and then visit every now and then to check for new jobs, rather than be bombarded via email alerts that account holders can set up. The query can also be set up to show “most recent” vacancies and up to 50 results.

Read past analysis: ‘DWP ‘Find a job’ is mandatory for claimants?‘, ‘Official: Universal Jobmatch to be abolished May 14th, 2018……….but‘ and ‘Find A Job’ website contract (full text)

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DWP: ‘Find A Job’ website contract (full text)

[All FindAJob updates and resources]

[Edit] DWP Minister: “Use of the Find a job website is not compulsory for claimants of Jobseeker’s Allowance (JSA) or Universal Credit (UC)”

Download a copy (pdf) of the DWP’s new ‘Find a Job‘ (FAJ) website contract awarded to Adzuna, or view online.

The past £15,110,106.90 Universal-Jobmatch[1] site FAJ replaces was a bespoke site[2], designed and run by Monster, this new £5.8m job site is based on Adzuna’s off-the-peg service outlined on the UK Gov’s Digital Marketplace. [3]

Read past analysis: ‘DWP ‘Find a job’ is mandatory for claimants?‘ and ‘Official: Universal Jobmatch to be abolished May 14th, 2018……….but

By comparison of contracts Universal Jobmatch was an effort to introduce Orwellian surveillance info benefit claimant work search activity, enforced through financial penalties (benefit sanctions). Whereas Adzuna’s ‘Find A Job’ technology is the castrated little brother of Jobmatch and will likely remain so due to the person centric General Data Protection Regulation and the Data Protection Act (2018). [4]

You can discuss ‘Find A Job’ on the Welfare Central and Respectful Benefits forums.

Hat Tip ‘Sam Trendall‘ re http://www.publictechnology.net/articles/news/adzuna%E2%80%99s-contract-government-jobs-service-valued-%C2%A358m

[1] ‘All Universal Jobmatch contract documents‘ and https://data.gov.uk/data/contracts-finder-archive/contract/610334/ + https://wwwrefuteddotorgdotuk.wordpress.com/category/universal-jobmatch/page/1/ and https://consentarchive.wordpress.com/?s=jobmatch

[2] Contractor solution (pdf) from https://wwwrefuteddotorgdotuk.wordpress.com/2013/10/21/universaljobmatch/

[3] Adhunter Limited
Adzuna Job Search, Job Board and Labour Market Data Solution
Pricing [pdf] – SFIA rate card [pdf] –Terms and conditions [pdf]

[4] ICO: ‘New data protection laws put people first

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665 Organizations Against Workfare for Volunteering

The keep volunteering voluntary agreement

“As charities and voluntary organisations we know the value of volunteering. Volunteering means people independently choosing to give their time freely to help others and make the world a better place. Workfare schemes force unemployed people to carry out unpaid work or face benefit sanctions that can cause hardship and destitution. We believe in keeping volunteering voluntary and will not participate in government workfare schemes.”

[what is workfare? – what’s wrong with workfare?]

Signatories

Full list of 665 organizations that have signed up to the keep volunteering voluntary agreement.
KVV

This page has been created as Keep Volunteering Voluntary are having website problems.

 

Related:Hypocrites: The workfare exploiters who claim to be anti-workfare, exposed

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#BenefitSanctions written warning “for a first sanctionable failure to attend a Work-Search Review” (Yellow Card?)

The DWP has dropped it’s Jobseekers Allowance scheme to stop people being wrongly stripped of their benefits because it is a ‘burden’

The ‘Yellow card’ Benefit Sanctions ‘reform’ “was intended to prevent benefits are being removed for trivial reasons – inflicting hunger and homelessness on vulnerable people”

However the DWP are:

“exploring the feasibility of an alternative process to give claimants written warnings, instead of a sanction, for a first sanctionable failure to attend a Work-Search Review. The aim will be to conduct a small-scale proof of concept to obtain qualitative feedback from staff on this new process, followed by any subsequent tests. More details will be made available once we have progressed with the design work.”
Source: Jobseeker’s Allowance trial: Written statement – HLWS674 21/5/18

 

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DWP ‘Find a job’ is mandatory for claimants? However, “DWP staff will not have access to view jobseeker accounts, CVs or activity/application history”

[All FindAJob updates and resources]

[Edit] DWP Minister: “Use of the Find a job website is not compulsory for claimants of Jobseeker’s Allowance (JSA) or Universal Credit (UC)”

DWP has released internal documents on it’s new Find a job (FaJ) website, that replaced Universal Jobmatch.

Jobcentre Work ‘Coaches’, just like with Jobmatch, can mandate a Universal Credit (UC) claimant via their Claimant Commitment to create a FaJ account and upload their CV, or face benefit sanctions. Jobseeker Allowance (JSA) claimants, can also be mandated, through use of a Jobseeker Direction.

However, the UC and JSA guidance both discuss mandating claimants to create accounts in “other” and “more appropriate” jobsites. It is unclear whether this just means claimants will be mandated not only to FaJ but other sites, or that a claimant would be able to avoid being mandated to FaJ by registering with and uploading their CV to “other” and “more appropriate” jobsites?

“Find a job or other jobsites
1. As part of making use of the resources available to them to look for work, we can
reasonably expect most claimants to make best use of Find a job or other jobsites.”
Source: DWP ‘05 Work Search Review‘ – accessed 15/5/18 [emphasis added]

Unlike Jobmatch:

“DWP staff will not have access to view jobseeker accounts, CVs or activity/application history”
Source: DWP: Universal Credit Knowledge Management –Generic Template (10) – accessed 15/5/18

Past comments on ‘Find a job’.

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Official: Universal Jobmatch to be abolished May 14th, 2018……….but

 

 

 

 

 

 

 

 

 

 

 

Update: “New ‘Find a Job’ (FaJ) service to support thousands of jobseekers into work”
(DWP Press Release – )*

Is Universal Jobmatch (UJ/UJM)** about to vanish for ever because it would not be compatible with the General Data Protection Regulation (GDPR), which comes into force in the UK and all of the EU on May 25th 2018? Particularly as the GDPR provides for far greater rights over use and abuse of personal data, particularly with regards consent over it’s processing.

As UJ is linked closely to Universal Credit, the DWP may not want to be tainted by the ‘Universal’ brand and be more of an effort to offer a ‘Find a job’ to anyone, anywhere seeking a job(s) through it’s FaJ portal. Rather than be associated to social security benefits, sanctions and benefit claimants obligations to spend 35 hours per week searching for and applying for jobs.

“The GDPR sets a high standard for consent”
Source: ICO Guide to the General Data Protection Regulation (GDPR) – Lawful basis for processing – Accessed 20/4/18

Today on the Welfare Central forum, a thread was started saying:

Universal Jobmatch will be replaced by the Find a job service on 14 May 2018

jobmatchclosed
Image source: https://jobsearch.direct.gov.uk/register.aspx?redirect=http%3a%2f%2fjobsearch.direct.gov.uk%2fhome.aspx

This new ‘Find a job service’ contract has been awarded to Adzuna. It waits to be seen what level of access the DWP will have to user accounts and whether the service will have similar mandatory UJ conditions, like registration, creating a personal profile and uploading a ‘Public CV’ for benefit claimants. (or face benefit sanctions if refused)

 

 

 

 

 

UJ  jobseeker account holders will have until 17 June 2018 to make copies of personal data they can access on UJ and UJ employer account holders have been advised they can make “local” copies (remove) of “applicant information” (personal profiles and CVs) they can currently access on UJ.

jobmatchemployer

For UJ, DWP and Jobcentre staff do not have have direct access to a claimant’s account unless they give “permission” (consent). This stems from the fact that the Information Commissioner’s Office (ICO) says the reason why the DWP needs user permission to access their Universal Jobmatch (UJ) account is because it could be used to have an adverse*** and unfair effect on their benefit claims, through benefit sanctions and or loss of entitlement.

“While the DWP is already the data controller for the information, it would be considered ‘unfair’ for the UJM information to be used to consider the customer’s JSA (or similar benefit) claim without the prior permission of the customer being obtained by the DWP” [emphasis added]
ICO 15 May 2015

The FaJ service offers the DWP a set of “Analytics“, specifically:

Analytics
Service usage metrics Yes
Metrics types Users of the API are able to visualise query frequency at the account level through an online interactive real-time dashboard.
Reporting types
  • API access
  • Real-time dashboards

Further research will be needed to assess, how these “Analytics” will engage the GDPR in terms of registered users privacy and consent and whether the GDPR would prevent the DWP using “Analytics” or account access to individual’s usage or non use personal data to sanction benefit claimants?

 

 

Another forum also asks if the new ‘Find a job service’ will be “GDPR ready“? You can also read a twitter discussion with Azuna over whether it is/will be GDPR compliant.

 

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Notes

*Odd formulation of words in this Press Release about when this new FaJ service starts:
“Following a competitive procurement process, Adzuna has been providing the new service from early 2018”? “has been”? Odd as  the Press Release also says “The change will come into effect on 14 May, and access to existing ‘Universal Jobmatch’ accounts will be available up until 17 June 2018”
This change is far more than a mere name change, after all Jobmatch jobseeker accounts and their personal data therein will not be available after “17 June 2018”, except maybe via a Subject Access Request (SAR). Making a nonsense of the statement “Universal Jobmatch is to be re-named ‘Find a Job’”

**Looking for a Job goes Orwellian – ORG Zine – Open Rights Group

***Principle 1 of the Data Protection Act requires the DWP, it’s contractors and sub-contractors to process personal data fairly and lawfully and “not use the data in ways that have unjustified adverse effects on the individuals concerned“.